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Questions Regarding A Possible Claim For Tdiu

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Lyndenrider

Question

Let me begin by saying that this forum is a great resource for disabled vets like ourselves to get assistance. Thanks!

I was just approached by a neighbor last week regarding TDIU for myself.

I am rated 60% SC and have been for over 10 years. I'm 40% left knee [had three surgeries], 20% right knee [had two surgeries], 10% back pain [no surgeries....yet], 10% OCD [VA prescribed medication] plus 0%-10% for other SC ailments.

I have been unemployed since September 2008. I had to stop working my last job due to the fact I could not continue working due to the stress and strain on my knees and back. I have made NUMEROUS attempts over the last 1.5 years at finding other employment but have had no luck. Prolonged standing or frequent lifting causes me "issues". A few years back I was given custom-made knee braces from the VA for both knees for stability, which I wear almost daily. I have also been on daily pain meds (Vicodin) for the last 4-5 years, also VA prescribed by my VA PCP. This medication makes driving a vehicle to work everyday somewhat dangerous. Also, three years ago I was told by VA orthopedic surgeons that I am a candidate for bi-lateral knee replacements, but I declined having it done due to my younger age [i'm currently 37].

As for seeing doctors, I have only gone to VA doc's in the last 12 years since I have had a hard time getting health insurance from other resources. So, I only have documentation from the VA, not from other resources.

My questions for this forum are...

Besides filling out VAF 21-8940, what other things should I send with this form to help support my claim?

By submitting a TDIU claim, could the VA possibly require me to have bi-lateral knee replacement?

Am I just asking for trouble for myself by submitting a TDIU claim?

I'm a lifetime DAV member, but is there any other resources for help with this that I can get?

Thanks to anyone for assisting me with my questions and for any advice!

Jay

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Well, here is an update and I was looking for a little advice...

Recieved a call from the VA in Seattle and they stated that my file was moving to the rater. Then I get a call from them AGAIN [different person] stating that they need to schedule another exam because of a claim of Pain Disorder #9422, which I asked for BEFORE any exams were scheduled last year. I already had a mental C+P exam as well as a physical C+P exam back in February. Now they want to schedule another exam because of their error in missing my claim for Pain Disorder. I only filed for Pain Disorder because I was on Methadone and now I'm on Morphine for my SC knee problems, all thru VA doctors and well documented in my c-file.

Should I get my p.o.a., the DAV, involved in this? Would this just cause more problems?

I haven't worked for nearly two years and my TDIU/Incease claim was been with the VA since October 2009.

Any advice would be great. I'm not sure what to do at this stage. As it stands right now, I'm looking at having to go thru another C+P just for my request of Pain Disorder.

HELP!

Lyndenrider

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  • HadIt.com Elder

If you want the rating you will have to take the C&P.

Good Luck

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  • HadIt.com Elder

If you skip the C&P exam the VA will find some reason to deny your claims. Go for the exam and tell them in no uncertan terms that your knee hurts like hell. Don't let them manipulate your knee past the point you feel pain. As soon as it hurts tell them! If it hurts at all don't try to be tough. Holler, yell, scream if they hurt you. If you use a cane or walker take it with you and use it from the time you park until the time you are in the doctor's office.

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Cowgirl,

I do not have any updated VA medical records at this time since you have to request them in person at a VA hospital. My nearest VAMC is in Seattle, nearly three hours away. I do plan on getting them once I go and see Othro regarding my "likely" knee replacements (hopefully by the end of the year).

As for VocRehab... In June 2009 my VA PCP submitted a request for me for VocRehab eval. Two weeks later VocRehab called me, told me that the 12 yr limit for applying had passed for me, and then directed me to websites and other things to help me find work that I could do. Problem is, I CAN'T WORK due to my SC'ed issues, which is my I filed for TDIU and for a complete reevaluation of my SC'ed disabilities. To my own fault, I'm the type of person that deals with what I have until it "breaks", which tends to make things worse for me then if I had been more proactive. Well, proactive I am becoming, and quickly!

LarryJ,

Thanks for the advice. I see my VA PCP at the CBOC in 10 days and will bring up the "pain disorder" thing. Maybe he can write something up for me and I can attach it as well to VAF 21-4138. I'll submit to the DAV and have it added to my TDIU claim.

As for the depression side..... I've been on VA prescribed Zoloft for my OCD since 1995 (SC'ed at 10%, but have a request for increased eval due to worsened condition) , which helps to ease my depression I get from the chronic pain (which I take Vicodin for and have for the past few years). From what I understand, my rating for the OCD covers for depression as well under the ratings guidelines.

I can see my claim getting very messy and complicated for the VA. A resolution may take some time. :blink:

Jay

According to this VA page, even if your 12 years are up, you can still get voc rehab if you have a an employment handicap is established and the Veteran is found entitled to services.

I have been out since 1992 and I JUST started Voc Rehab last month; 18 years after I left the service!!!!

Here is the info:

http://www.vba.va.gov/bln/vre/

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